z-13-13 new bern and milburnie rd rezoning case€¦ · ns . existing 6 110' back-to-back curb...
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NEW
BERN
MILB
URNIE
SHANTA
NEW
BERN
NB
CUD NB
SC
IND-1
R-10
O&I-1CUD O&I-2
R-20
150Feet
NEW
BERN
I 440
MILBURNIE
CALUMET
HOLSTON
SUNNYBROOK
SHANTA
PRIDWEN
NEW BER
N
I 440Existing Zoning MapCase Number: Z-13-13
City of Raleigh Public HearingApril 16, 2013
Vicinity Map
3.01 acres NB CUD(Amended Conditions)Request:
Certified Recommendation Raleigh Planning Commission
CR# 11539
Case Information Z-13-13 New Bern Av. and Milburnie Rd. Location Westside, southwest of its intersection with Milburnie Road
Request Amend conditions for property zoned NB CUD Area of Request 3.01 acres Property Owner New Bern Crossing LLC
Applicant Lacy H. Reaves, 919-821-6704 Citizens Advisory
Council East CAC
PC Recommendation
Deadline
July 15, 2013
Comprehensive Plan Consistency The rezoning case is Consistent Inconsistent with the 2030 Comprehensive Plan.
Future Land Use Map Consistency The rezoning case is Consistent Inconsistent with the Future Land Use Map.
Comprehensive Plan Guidance
FUTURE LAND USE Community Mixed Use CONSISTENT Policies Policy LU 2.5 Healthy Communities
Policy LU 2.6 Zoning and Infrastructure Impacts Policy LU 4.4 Reducing VMT through Mixed Use Policy LU 4.5 Connectivity Policy LU 4.7 Capitalizing on Transit Access Policy LU 5.1 Reinforcing the Urban Pattern Policy LU 6.1 Composition of Mixed-Use Centers Policy LU 6.2 Complementary Uses and Urban Vitality Policy LU 6.3 Mixed-Use and Multi-Modal Transportation Policy LU 6.4 Bus Stop Dedication Policy LU 7.1 Encouraging Nodal Development Policy LU 7.4 Scale and Design of New Commercial Uses Policy LU 7.5 High-Impact Commercial Uses Policy LU 8.10 Infill Development Policy LU 8.11 Development of Vacant Sites Policy LU 10.1 Mixed-Use Retail Policy LU 10.6 Retail Nodes Policy ED 1.1 Corridor Revitalization Policy ED 1.2 Mixed Use Redevelopment Policy ED 1.3 Gateway Reinvestment Policy ED 5.8 Supporting Retail Infill and Reinvestment
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Policy UD 2.1 Building Orientation Policy UD 3.1 Gateway Corridor Design Quality Policy UD 7.3 Design Guidelines (1-26 policies) New Bern Corridor Study Report - Land Use & Redevelopment Policy LU.4
INCONSISTENT Policies Policy LU 4.9 Corridor Development Policy LU 7.6 Pedestrian Friendly Development
Summary of Proposed Conditions Proposes to retain almost all of the existing conditions on the property (Z-27-97); but the following language from the existing conditions are proposed to be removed:
• Removes provision of an additional 12 feet of ROW and travel lane along New Bern Avenue incrementally as abutting parcels from the zoned area develop
• Eating establishment with drive-through, drive-in service, and with or without alcohol sales for on-premise consumption shall be permitted
• Commercial retail sales allowed • Transportation uses allowed in section 10-2071 allowed
New conditions offered: • Detailed street protective yard specifications • Unity of Development Guidelines and Unified Sign Criteria approved for New Bern
Crossing (S-103-98) to be applicable to the property • Height limits of 35 feet for retail use, 50 feet for office use, and 60 feet for hotel use • Building to have primary entrance from New Bern Avenue • Offer of transit easement • Existing curb cut to be used • Minimum 4 space bicycle rack adjacent to each building to be provided upon
development of the property • No parking allowed between building front and New Bern Avenue
Public Meetings Neighborhood
Meeting Public
Hearing Committee Planning Commission
December 5, 2012
April 16, 2013
NA 4/23/13 Deferred; 6/11/13 Approved
Valid Statutory Protest Petition
Attachments
1. Staff report 2. Applicant’s response to Urban Design Guidelines
Planning Commission Recommendation Recommendation The Planning Commission finds that the proposed rezoning is
consistent with the policies of the Comprehensive Plan, and recommends, based on the findings and reasons stated herein,
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that the request be approved in accordance with zoning conditions dated May 31, 2013.
Findings & Reasons (1) That the proposed request is consistent with the community mixed use category designated to the property by the future land use map. The site is recommended for a mix of uses and the proposed conditional use rezoning is consistent in that it seeks to permit a mix of uses while complying with a few key design guidelines through zoning conditions.
(2) That the request is compatible with surrounding land uses and development patterns. The proposed zoning amendment retains most of the relevant old zoning conditions while including new conditions that address street protective yard specifications, unity of development guidelines, maximum building heights, transit easement, driveway access limitation, building orientation, bicycle racks and parking location, thus mitigating any potential adverse impacts to the surrounding uses.
(3) That the request is consistent with the recommendations of the New Bern Corridor Study report that encourages the development of service-oriented businesses within the WakeMed area, where the subject site is located.
(4) That the request is reasonable and in the public interest. Rezoning would permit introduction of additional retail uses, which could be of service to the immediately adjoining institutional uses, and the larger surrounding area, thus furthering economic development goals and several other Comprehensive Plan Policies.
Motion and Vote Motion: Fleming
Second: Braun In Favor: Braun, Butler, Buxton, Edmisten, Fleming, Fluhrer, Mattox, Schuster, Sterling Lewis and Terando
This document is a true and accurate statement of the findings and recommendations of the Planning Commission. Approval of this document incorporates all of the findings of the attached Staff Report. ________________________________ ___________________________6/11/2013 Planning Director Date Planning Commission Chairperson Date Staff Coordinator: Dhanya Sandeep [email protected]
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Case Summary
Overview The site is located to the west of New Bern Avenue, south of Milburnie Road. The property is currently zoned Neighborhood Business Conditional Use, and located in a commercially zoned block. The proposed rezoning seeks to amend the existing conditions while retaining the Neighborhood Business Conditional Use District zoning. The request for the parcel is consistent with its future land use map designation of community mixed use. The request seeks to retain almost all of the existing conditions on the property, with some minor changes/tweaks and adding a few new conditions. The key change brought forth by the subject rezoning is to permit retail uses and eating establishments with drive-through service, which are prohibited under the existing conditions. Zoning conditions also provide for unity of development, primary building orientation along New Bern Avenue, transit easement, bicycle racks and parking prohibitions. The request is consistent with several Comprehensive Plan policies. Most of the urban design guidelines will be addressed during site plan review stage. However, the location of drive-through should be addressed at the rezoning stage. For mixed-use centers intended for pedestrian friendly uses, drive-through uses are discouraged and if unavoidable, should be tucked away to the rear with no visibility from New Bern Avenue.
Outstanding Issues
Outstanding Issues
1. Application of urban design guidelines to address location of drive-through use
Suggested Mitigation
1. Offer zoning condition that limit location of drive-through to the rear of the building
2. Offer zoning condition that minimizes any potential conflict between the pedestrian connection to the right-of-way and the drive through lanes
Zoning Staff Report – Case Z-13-13 Conditional Use District
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Rezoning Case Evaluation
1. Compatibility Analysis
1.1 Surrounding Area Land Use/ Zoning Summary
Subject Property
North South East West
Existing Zoning
NB CUD NB NB CUD SC NB, IND-1
Additional Overlay
NA NA NA NA NA
Future Land Use
Community Mixed Use
Community Mixed Use
Community Mixed Use
Community Mixed Use
Community Mixed Use & Public Parks and Open Space
Current Land Use
Undeveloped Retail Use Retail Use Retail, WakeMed Complex
Undeveloped
1.2 Current vs. Proposed Zoning Summary Existing Zoning Proposed Zoning Residential Density: 30 DU 30 DU Setbacks:
Front: Side: Rear:
30 feet 0 feet 0 feet
30 feet 0 feet 0 feet
Retail Intensity Permitted: Not specified (uses limited to drug store)
Not specified
Office Intensity Permitted: Not specified Not specified The proposed rezoning is:
Compatible with the property and surrounding area.
Incompatible. Analysis of Incompatibility:
NA
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2. Comprehensive Plan Consistency Analysis 2.1 Future Land Use Future Land Use designation: The rezoning request is:
Consistent with the Future Land Use Map.
Inconsistent Analysis of Inconsistency:
2.2 Policy Guidance The rezoning request is inconsistent with the following policies: Policy LU 4.9 Corridor Development Promote pedestrian-friendly and transit-supportive development patterns along multi-modal corridors designated on the Growth Framework Map, and any corridor programmed for “transit intensive” investments such as reduced headways, consolidated stops, and bus priority lanes and signals. The site is located along New Bern Avenue, a designated multi-modal corridor and a designated growth center on the urban form map. The Comprehensive Plan envisions pedestrian-friendly and transit supportive development patterns along multi-modal corridors and in growth centers. Moreover, the New Bern Avenue Corridor study report recommends enhancing and improving pedestrian, and bicycle facilities along this stretch of the corridor to create a safe, healthy, and walkable environment. The request is inconsistent with these policies as a drive-through establishment is an auto-oriented use. Policy LU 7.6 Pedestrian-Friendly Development New commercial developments and redeveloped commercial areas should be pedestrian-friendly. The proposed drive-through establishment is not considered a pedestrian-friendly development. The development will be required to comply with the pedestrian connectivity standards in the zoning code. The request could be consistent with this policy if a condition was offered that minimized any potential conflict between the pedestrian connection to the right-of-way and the drive through lanes. 2.3 Area Plan Policy Guidance The rezoning request is inconsistent with the following Area Plan policies: NA
NA
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3. Public Benefit and Reasonableness Analysis
3.1 Public Benefits of the Proposed Rezoning • Encourages the redevelopment of a vacant site to allow development of the property for a
better marketable use • Retail use will advance nodal development of the immediate area and increase synergy
among retail businesses • Additional retail development will be available for employees of the WakeMed complex and
other employers of the area • Permits drive-through eating establishment that is convenient to automobile users
3.2 Detriments of the Proposed Rezoning • The proposed drive-through use does not support a transit and pedestrian friendly
development encouraged for mixed-use centers
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4. Impact Analysis
4.1 Transportation
Primary Streets Classificatio
n
2009-2012 NCDOT Traffic
Volume (ADT)
2035 Traffic
Volume Forecast
New Bern Avenue
Secondary Arterial 32,000 52,662
Milburnie Road Collector 5,750 7,736
Shanta Drive Collector 3,450 N/A
Sunnybrook Road
Major Thoroughfare 13,000 20,055
Street Conditions
New Bern Avenue Lanes
Street Width
Curb and Gutter
Right- of-Way Sidewalks
Bicycle Accommodatio
ns
Existing 6 110'
Back-to-back curb
and gutter
section 175' 5' sidewalk
on north side None
City Standard 6 89
Back-to-back curb
and gutter
section 110'
minimum 5' sidewalks
on both sides Wide Outside
Lanes
Meets City Standard? Yes Yes YES Yes No No
Milburnie Road Lanes Street Width
Curb and Gutter
Right- of-Way Sidewalks
Bicycle Accommodatio
ns
Existing 2 30'
Back-to-back curb
and gutter
section 60' 5' sidewalk
on north side None
City Standard 2 41'
Back-to-back curb
and gutter
section 60'
minimum 5' sidewalks
on both sides Bicycle Lanes -
Restripe
Meets City Standard? YES No YES Yes No No
Shanta Drive Lanes Street Width
Curb and Gutter
Right- of-Way Sidewalks
Bicycle Accommodatio
ns
Existing 5 60'
Back-to-back curb
and gutter
section 110' 5' sidewalk on west side None
City Standard 5 41'
Back-to-back curb
and 60'
minimum 5' sidewalks
on both sides Bicycle Lanes -
Restripe
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gutter section
Meets City Standard? YES Yes YES Yes No No
Sunnybrook Road Lanes
Street Width
Curb and Gutter
Right- of-Way Sidewalks
Bicycle Accommodatio
ns
Existing 4 65'
Back-to-back curb
and gutter
section 90' 5' sidewalks on both sides None
City Standard 4 65'
Back-to-back curb
and gutter
section 90'
minimum 5' sidewalks
on both sides Bicycle Lanes -
Restripe Meets City Standard? YES Yes YES Yes Yes No Expected Traffic Generation [vph]
Current Zoning
Proposed Zoning Differential
AM PEAK 70 205 135
PM PEAK 64 148 84
Suggested Conditions/ Impact Mitigation:
A traffic impact analysis has been reviewed by staff. The proposed Z-13-2013 development would not cause a major impediment to traffic flow. It would not lead to excessive delay for most motorists. The impacts will be most keenly felt on the westbound approach of Sunnybrook Road and the northbound left turn on New Bern Avenue. Queuing on westbound Sunnybrook Road at the New Bern Avenue signal is predicted to temporarily block access from Calumet Drive but no queuing issues were observed at New Bern/Milburnie, Shanta/Milburnie or at the site driveways. Traffic impacts from development of the Z-13-2013 parcel will be most keenly felt by southbound motorists on New Bern Avenue. Travel time and signal delay will increase. Arterial speed will be basically unchanged but it is noted that arterial level-of-service is LOS-F even without additional trips from the Z-13-2013 parcel. The driveway on New Bern Av. is operating today as Right-In Only. No change to the operation, movement, or location of the driveway is permitted.
Additional Information:
Neither NCDOT nor the City of Raleigh have any roadway construction projects scheduled in the vicinity of this case.
Impact Identified: Travel time and signal delay will increase. The driveway on New Bern Av. is operating today as Right-In Only. No change to the operation, movement, or location of the driveway is permitted. Zoning condition offered addresses this.
4.2 Transit
CAT Route 15L currently operates along this corridor. The CAT Short Range Transit Plan and the Wake County 2040 Transit Plan both propose higher levels of transit service along New Bern Ave. Additional development will increase the already high demand for transit in this corridor. A transit easement has been offered through zoning conditions. Impact Identified: None
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4.3 Hydrology Floodplain FEMA
Drainage Basin Crabtree Creek Stormwater Management Subject to Part 10, Chapter 9
Overlay District None
Impact Identified: There is minimal floodplain along the toe of the slope adjacent to Milburnie Rd. This should not be an issue. However fill is restricted to 50% of the area in the floodplain. No Buffer. No WSPOD.
4.4 Public Utilities
Maximum Demand (current)
Maximum Demand (proposed)
Estimated Remaining Capacity
Water 18,812 gpd 18,812 gpd Waste Water 18,812 gpd 18,812 gpd
Impact Identified: The proposed rezoning would not impact the wastewater collection or water distribution systems of the City. There is currently a twelve (12”) inch water main within the new Bern Avenue right-of-way and an eight (8”) inch water main within the Milburnie Road right-of-way at the property. There is a forty-two (42”) inch sanitary sewer main within the Milburnie Road right-of way (connection should be made only at a manhole). The developer must submit a downstream sewer capacity study and those required improvements identified by the study must be permitted and constructed in conjunction with or prior to the proposed development being constructed. Verification of available capacity for water fire flow is required as part of the building permit submittal process. Any water system improvements required to meet fire flow requirements will also be required.
4.5 Parks and Recreation
Impact Identified: None
4.6 Urban Forestry The site will be reviewed for compliance with the tree conservation ordinance (section 10-2082.14) when development plans are submitted to the City. Impact Identified: None
4.7 Designated Historic Resources
No historic resources on this site.
Impact Identified: None
4.8 Community Development Impact Identified: None
4.9 Appearance Commission
This request is not subject to Appearance Commission review.
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4.10 Impacts Summary • Travel time and signal delay will increase. The driveway on New Bern Av. is operating today
as Right-In Only. No change to the operation, movement, or location of the driveway is permitted. Zoning condition offered addresses this.
• The developer must submit a downstream sewer capacity study and those required improvements identified by the study must be permitted and constructed in conjunction with or prior to the proposed development being constructed. Verification of available capacity for water fire flow is required as part of the building permit submittal process. Any water system improvements required to meet fire flow requirements will also be required.
4.11 Mitigation of Impacts
NA
5. Conclusions The proposed request is consistent with the Future Land Use Map and with several Comprehensive Plan policies. The inconsistent policies relate to potential conflict points between the pedestrian connectivity and any drive-through facility. However, the proposed conditions offer building orientation along New Bern Avenue, offer bike racks, unity of development, provide transit easement, and prohibit parking in front of building, thus attempting to incorporate a few key urban design guidelines. The key outstanding issue relate to the
• Application of Urban Design Guidelines - the location of drive-through uses with respect to New Bern Avenue frontage
.
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Attachment: Urban Design Guidelines
Design Guidelines for Mixed Use Areas Raleigh Comprehensive Plan
There follows a listing of the Design Guidelines for Mixed Use Developments as set forth in Table UD-1 of the Comprehensive Plan and the Petitioner’s comment with respect to each Guideline as it relates to this case. The area requested for rezoning in Z-13-13 is referred to as the “Property.” Elements of Mixed-Use Areas 1. All Mixed-Use Areas should generally provide retail (such as eating establishments,
food stores, and banks), office, and residential uses within walking distance of each other. Petitioner’s Comment: This case contemplates the retail use of the Property as an integral part of a commercial subdivision approved as New Bern Crossing (S-103-98). The Property is within walking distance of existing retail uses within this development. There is an existing sidewalk along New Bern Avenue connecting these uses. Undeveloped portions of New Bern Crossing are available for other uses.
Mixed-Use Areas /Transition to Surrounding Neighborhoods 2. Within all Mixed-Use Areas buildings that are adjacent to lower density
neighborhoods should transition (height, design, distance and/or landscaping) to the lower heights or be comparable in height and massing.
Petitioner’s Comment: The Property does not adjoin a lower density neighborhood.
Mixed-Use Areas /The Block, The Street and The Corridor 3. A mixed use area’s road network should connect directly into the neighborhood road
network of the surrounding community, providing multiple paths for movement to and through the mixed use area. In this way, trips made from the surrounding residential neighborhood(s) to the mixed use area should be possible without requiring travel along a major thoroughfare or arterial.
Petitioner’s Comment: All streets are currently in place to serve the Property.
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4. Streets should interconnect within a development and with adjoining development. Cul-de-sacs or dead-end streets are generally discouraged except where topographic conditions and/or exterior lot line configurations offer no practical alternatives for connection or through traffic. Street stubs should be provided with development adjacent to open land to provide for future connections. Streets should be planned with due regard to the designated corridors shown on the Thoroughfare Plan.
Petitioner’s Comment: All streets are currently in place.
5. Block faces should have a length generally not exceeding 660 feet.
Petitioner’s Comment: Block faces are existing.
Site Design/Building Placement 6. A primary task of all urban architecture and landscape design is the physical
definition of streets and public spaces as places of shared use. Streets should be lined by buildings rather than parking lots and should provide interest especially for pedestrians. Garage entrances and/or loading areas should be located at the side or rear of a property.
Petitioner’s Comment: A pre-existing zoning condition applicable to New Bern Crossing (Z-27-97) required a twenty (20) foot wide landscaped streetyard along New Bern Avenue. The streetyard has been provided for existing development in New Bern Crossing, and to maintain consistency, has been included as condition d. in the present case. This condition, as well as the topography of the Property (i.e. a steep grade rising from New Bern Avenue) will make it impossible to develop the Property with a building proximate to pedestrian activity along New Bern Avenue. Additional engineering will be required to determine the location of pedestrian connections from the Property to the sidewalk along New Bern Avenue.
7. Buildings should be located close to the pedestrian street (within 25 feet of the curb),
with off-street parking behind and/or beside the buildings.
Petitioner’s Comment: For the reasons stated in the petitioner’s comment to item 6, it will not be possible to develop the Property with the building proximate to the street. The petitioner will add a condition to the case prohibiting any parking between the side of the building facing New Bern Avenue and New Bern Avenue.
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8. If the site is located at a street intersection, the main building or main part of the building should be placed at the corner. Parking, loading or service should not be located at an intersection.
Petitioner’s Comment: Because the development of the Property will include a drive-through lane that encompasses the building, it will not be possible to follow this guideline.
Site Design/Urban Open Space 9. To ensure that urban open space is well-used, it is essential to locate and design it
carefully. The space should be located where it is visible and easily accessible from public areas (building entrances, sidewalks). Take views and sun exposure into account as well.
Petitioner’s Comment: The development of the Property will not include an urban open space.
10. New urban spaces should contain direct access from the adjacent streets. They
should be open along the adjacent sidewalks and allow for multiple points of entry. They should also be visually permeable from the sidewalk, allowing passersby to see directly into the space.
Petitioner’s Comment: Because of topographical considerations and the need for additional engineering design, this guideline will be addressed at the time of site plan approval.
11. The perimeter of urban open spaces should consist of active uses that provide
pedestrian traffic for the space including retail, cafés, and restaurants and higher-density residential.
Petitioner’s Comment: This site does not include or abut an urban or public open space.
12. A properly defined urban open space is visually enclosed by the fronting of buildings
to create an outdoor "room" that is comfortable to users.
Petitioner’s Comment: Because of topographical considerations and the need for additional engineering design, this guideline will be addressed at the time of site plan approval.
Site Design/Public Seating 13. New public spaces should provide seating opportunities.
Petitioner’s Comment: This site does not include or abut an urban or public open space.
Site Design/Automobile Parking and Parking Structures
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14. Parking lots should not dominate the frontage of pedestrian-oriented streets, interrupt
pedestrian routes, or negatively impact surrounding developments.
Petitioner’s Comment: The petitioner will add a zoning condition to this case prohibiting parking between the side of the building facing New Bern Avenue and New Bern Avenue.
15. Parking lots should be located behind or in the interior of a block whenever possible.
Parking lots should not occupy more than 1/3 of the frontage of the adjacent building or not more than 64 feet, whichever is less.
Petitioner’s Comment: The petitioner will add a zoning condition to this case prohibiting parking between the side of the building facing New Bern Avenue and New Bern Avenue.
16. Parking structures are clearly an important and necessary element of the overall
urban infrastructure but, given their utilitarian elements, can give serious negative visual effects. New structures should merit the same level of materials and finishes as that a principal building would, care in the use of basic design elements cane make a significant improvement.
Petitioner’s Comment: The development of the Property will not include a parking structure.
Site Design/Transit Stops 17. Higher building densities and more intensive land uses should be within walking
distance of transit stops, permitting public transit to become a viable alternative to the automobile.
Petitioner’s Comment: As provided in zoning condition h., the petitioner will grant the City a transit easement along New Bern Avenue.
18. Convenient, comfortable pedestrian access between the transit stop and the building
entrance should be planned as part of the overall pedestrian network.
Petitioner’s Comment: Because the topography of the Property will require further engineering analysis, this condition will be addressed at the time of site plan approval.
Site Design/Environmental Protection 19. All development should respect natural resources as an essential component of the
human environment. The most sensitive landscape areas, both environmentally and visually, are steep slopes greater than 15 percent, watercourses, and floodplains. Any development in these areas should minimize intervention and maintain the natural condition except under extreme circumstances. Where practical, these
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features should be conserved as open space amenities and incorporated in the overall site design.
Petitioner’s Comment: The development of the Property will respect any environmentally sensitive areas.
Street Design/General Street Design Principles 20. It is the intent of these guidelines to build streets that are integral components of
community design. Streets should be designed as the main public spaces of the City and should be scaled for pedestrians.
Petitioner’s Comment: The streets abutting the Property are existing.
21. Sidewalks should be 5-8 feet wide in residential areas and located on both sides of
the street. Sidewalks in commercial areas and Pedestrian Business Overlays should be a minimum of 14-18 feet wide to accommodate sidewalk uses such as vendors, merchandising and outdoor seating.
Petitioner’s Comment: Sidewalks currently exist along Milburnie Road and New Bern Avenue.
22. Streets should be designed with street trees planted in a manner appropriate to their
function. Commercial streets should have trees which complement the face of the buildings and which shade the sidewalk. Residential streets should provide for an appropriate canopy, which shadows both the street and sidewalk, and serves as a visual buffer between the street and the home. The typical width of the street landscape strip is 6-8 feet. This width ensures healthy street trees, precludes tree roots from breaking the sidewalk, and provides adequate pedestrian buffering. Street trees should be at least 6 1/4" caliper and should be consistent with the City's landscaping, lighting and street sight distance requirements.
Petitioner’s Comment: We have maintained as condition d. an existing condition applicable to the Property which requires a landscaped streetyard along New Bern Avenue. This streetyard is incorporated in existing development in New Bern Crossing.
Street Design/Spatial Definition 23. Buildings should define the streets spatially. Proper spatial definition should be
achieved with buildings or other architectural elements (including certain tree plantings) that make up the street edges aligned in a disciplined manner with an appropriate ratio of height to width.
Petitioner’s Comment: We have maintained as condition d. an existing condition applicable to the Property which requires a landscaped streetyard along New Bern Avenue. This streetyard is incorporated in existing development in New Bern Crossing.
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Building Design/Facade Treatment 24. The primary entrance should be both architecturally and functionally on the front
facade of any building facing the primary public street. Such entrances shall be designed to convey their prominence on the fronting facade.
Petitioner’s Comment: Zoning condition g. requires that any building constructed upon the Property shall have a building side that faces New Bern Avenue, and such building side shall have a primary entrance to the building.
25. The ground level of the building should offer pedestrian interest along sidewalks. This includes windows entrances, and architectural details. Signage, awnings, and ornamentation are encouraged.
Petitioner’s Comment: Because of the aforementioned streetyard along New Bern Avenue and the topography of the Property (a steep grade rising from New Bern Avenue) it may not be possible to address this guideline in the manner envisioned by the Comprehensive Plan. However, this guideline will be considered as additional engineering and design work is done for the preparation of a site plan for the Property.
Building Design/Street Level Activity 26. The sidewalks should be the principal place of pedestrian movement and casual
social interaction. Designs and uses should be complementary to that function.
Petitioner’s Comment: Because of the aforementioned streetyard along New Bern Avenue and the topography of the Property (a steep grade rising from New Bern Avenue) it may not be possible to address this guideline in the manner envisioned by the Comprehensive Plan. However, this guideline will be considered as additional engineering and design work is done for the preparation of a site plan for the Property.